Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 162.204.224.215
| Strike 3 Holdings, LLC |
| John Doe subscriber assigned IP address 162.204.224.215 |
| 1:2021cv00165 |
| January 12, 2021 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Copyright |
| 17 U.S.C. ยง 101 |
| Plaintiff |
Docket Report
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| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's Motion for Leave to File a Third Party Subpoena Prior to a Rule 26(f) Conference #6 is granted. The information requested in the subpoena shall be limited to: name, address, telephone number, email address, and Media Access Control number (the Information). Though Plaintiff may issue a subpoena to determine the defendant's true identity, Plaintiff is prohibited from naming the Doe defendant in an amended complaint or otherwise publishing his or her identity in any way without leave. BitTorrent litigation often involves "matters of a sensitive and highly personal nature," Malibu Media, LLC v. John Doe, No. 15 C 05500 (N.D. Ill. Aug. 24, 2015) (Tharp, J.) (citing Southern Methodist Univ. Ass'n of Women Law Students v. Wynne & Jaffe, 599 F.2d 707, 712-13 (5th Cir. 1979)), and even where that is not a factor, there remains a substantial possibility that the names turned over by ISPs will not accurately identify the individuals who actually downloaded or shared the copyrighted material, see, e.g., Digital Sin, Inc. v. Does 1-176, 279 F.R.D. 239, 242 (S.D.N.Y. 2012) (noting that the plaintiff there estimated that 30 percent of the individuals whose names were disclosed to plaintiffs did not download the copyrighted material). Balancing these concerns against the public's interest in knowing the defendant's true identity, the Court finds that allowing the defendant to proceed by pseudonym is appropriate at this preliminary stage of the litigation. Once the Information is produced to Plaintiff, Plaintiff's counsel is directed to provide the person(s) identified by the Information with a copy of this Order via overnight delivery within two business days of its production. The person(s) so identified shall be given leave to file an objection to the public disclosure of the Information within 30 days of the receipt of this Order. The Court will revisit the issue of proceeding by pseudonym and public disclosure generally after the defendant has received notice of the suit and after an objection to disclosure (if any) has been filed. Mailed notice (axc). |
| Filing 7 MEMORANDUM by Strike 3 Holdings, LLC in support of motion for miscellaneous relief #6 Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference (Tallman, Samuel) |
| Filing 6 MOTION by Plaintiff Strike 3 Holdings, LLC for Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference (Tallman, Samuel) |
| Filing 5 MAILED Copyright report to Registrar, Washington DC (lma, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Strike 3 Holdings, LLC re complaint #1 (Tallman, Samuel) |
| Filing 3 ATTORNEY Appearance for Plaintiff Strike 3 Holdings, LLC by Samuel J. Tallman (Tallman, Samuel) |
| Filing 2 CIVIL Cover Sheet (Tallman, Samuel) |
| Filing 1 COMPLAINT -Action for Damages for Property Rights Infringement filed by Strike 3 Holdings, LLC; Jury Demand. Filing fee $ 402, receipt number 0752-17819640.(Tallman, Samuel) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (kl, ) |
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| Plaintiff: Strike 3 Holdings, LLC | |
| Represented By: | Samuel J. Tallman |
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| Defendant: John Doe subscriber assigned IP address 162.204.224.215 | |
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